Judge rules for county commissioners on ballpark

Rejecting a low bid for Huntington Park over clerical errors might not make the best business sense, but Franklin County commissioners were within their rights to do so, a judge ruled this afternoon.

“In the absence of clear and convincing evidence of an abuse of discretion, the ultimate determination as to the reasonableness of the Commissioners’ actions rests with the voters,” Common Pleas Judge Michael J. Holbrook writes.

Holbrook’s decision in the Painting Co. lawsuit marks the second victory in three months for commissioners. Both rejected contractors use non-union workers and claimed commissioners disqualified their low bids to favor organized labor.

But commissioners say they are simply sticking to 2002 rules that require contractors to pay state-set wages.

Commissioners were still reviewing Holbrook’s decision before commenting today, but attorneys for the Painting Co. said they hope their client will appeal.

“The judge said they had a right to do what they did, but what they did was not right,” David S. Timms said.

The local family-owned contractor sued commissions last month after losing its $770,010 bid to paint the county ballpark, under construction in the Arena District. The only other painting bid — by a union contractor — is $46,000 more.

In all, the corporate sponsors and Ohio taxpayers footing the bill for the $55 million stadium will pay a $261,000 premium for using contractors who can meet the county’s Quality Contracting Standards. Those rules bar hiring contractors who failed to pay “prevailing wages” more than three times in two years.

TP Mechanical Inc. had sued in January when it lost its plumbing and heating-cooling bid, which was $215,000 less than an out-of-state company.

A third contractor sued last November, but commissioners relented because their only stated reason for rejecting the low bid was that they preferred another company as more experienced.

Holbrook’s decision clears the way for commissioners to hire another contractor for the ballpark, to open in time for the Columbus Clippers 2009 season.